2G certificate obligation violates the constitution - Inside Paradeplatz Inside Paradeplatz Inside Paradeplatz

Dear Madam President of the National Council, Dear President of the Council of States, the renewed expansion and tightening of the obligation to obtain certificates represents a serious and permanent encroachment on the fundamental rights of citizens.

According to the resolutions of the Federal Council of December 17, 2021, even healthy people who have proven their Covid status as "negative" in accordance with the BAG are now barred from access to large parts of the public (social, cultural, economic, etc.) and private excluded from life.

This means that all unvaccinated people in Switzerland who are not "lucky" enough to be considered recovered are discriminated against in an unprecedented way.

For such a one-time serious intervention in the lives of so many people in Switzerland, the requirements according to Art. 36 BV (and in particular the proof of the legally relevant facts) after more than 20 months of "Covid crisis" should leave nothing to be desired in terms of clarity and clarity to let:

The number of deaths and hospitalizations would have to reach unprecedented levels over a longer period of time to justify such unique restrictions on fundamental rights for a significant part of the population.

But in the present case, not a single prerequisite for the introduction of such a rigid and highly discriminatory regime against around two million people living in Switzerland has been met:

1. No significant effective public health threat

The measures decided by the Federal Council must be justified by a public interest (Art. 36 para. 2 BV). The Federal Council's declared goal is to prevent hospitals from being "overburdened" by expanding the Covid certificate and - with a view to the latest "Omicron variant" - to reduce the "high number of cases".

1.1 No excess mortality

First of all, it should be noted that the death figures for 2021 do not provide any reason for extreme intervention measures. The demography-adjusted death figures for Switzerland in the current year 2021 are well below the average of the previous 10 years.

This is even true for the over 70 age group (1, see sources at bottom). A serious immediate threat to public health looks different.

1.2 No overloading of the hospitals

Also with a view to hospital occupancy, drastic measures such as a 2G rule cannot be justified in any way: As of December 15, 2021, Swiss hospital beds were 83% occupied, and the proportion of "COVID patients" was official despite the "epidemic". at only 7.2% (2)

The intensive care units were 80.4% occupied, the proportion of "COVID patients" was officially 34.5% (3).

It should be noted that a free quota of approx. 20% indicates actual normal operation (4). In 2015, it was still criticized that an occupancy rate of “only” 80% was a problem: the hospitals were “too big” and therefore unprofitable (5).

It is striking that not only is no triage currently necessary, but even at the peak of November 2020 - despite the horror scenarios forecast at the time (6) - there was never a triage in the hospitals and intensive care beds were available at all times (7).

In any case, it is by no means the unvaccinated who cause the healthcare system to be overburdened - nevertheless, they are now being punished with the 2G regime.

According to the recording of "Covid deaths" according to vaccination status, since the end of the "National Vaccination Week" (November 14, 2021) and thus since the time when all people in Switzerland had received an offer of vaccination at the very latest, until December 15 In 2021, 41.96% reported as "unvaccinated", 39.57% as "fully vaccinated", 0.92% as "partially vaccinated" and a full 17.56% as "unknown" (8).

Unvaccinated and (partially) vaccinated people balance each other out. According to the Task Force (9), there can be no talk of an “epidemic of the unvaccinated”.

The large proportion of the status "unknown" in a country that otherwise meticulously records all possible statistical data is also very striking.

This inadequate recording is a clear omission on the part of the Federal Council and the administrative units subordinate to it, such as the BAG and "swissmedic".

1.3. Politically desired reduction in beds

From 1982 to 2019, hospital capacities in Switzerland were continuously reduced – by a full 63% in terms of beds (10). Since the first emergence of Covid-19 in Switzerland (with the exception of a short maximization phase in March/April 2020), the capacities for intensive care have been continuously reduced by around 15-20% (11).

This development also fits poorly with the image conveyed by the Federal Council of an unprecedented epidemiological threat. This reduction in beds is in blatant contradiction to the constitutional task of the Confederation and the cantons to jointly ensure, within the scope of their responsibilities, "sufficient, high-quality basic medical care that is accessible to all" (Art. 117a BV).

It is precisely the Federal Council that, with completely incomprehensible justification (allegedly “missing data”), opposes a solution proposed by parliament to expand capacities (12) – only to then at the same time conjure up the panic scenario of a hospital overload.

So if someone is responsible for an (alleged) capacity bottleneck, it's the federal government and the cantons - and not the unvaccinated people in this country.

1.4. Irrelevant criterion of the "high number of cases"

The Federal Council also refers to the "high number of cases". Considered on its own, this parameter is completely worthless, even according to the WHO (13). The Federal Supreme Court also stated “that a positive PCR test is not a disease diagnosis and is not very meaningful on its own” (14).

PCR test results on their own do not allow any reliable conclusions to be drawn about an actual threat to public health: results can be positive even if there is no symptomatic disease (15).

The alleged relevance of asymptomatic transmission has long since been refuted (16). The high number of cases complained of does not come exclusively from people who are sick or suspected of being infected. Rather, these are purposefully fabricated through excessive testing of symptom-free, healthy people.

This is also clearly shown by the fact that the "laboratory-confirmed cases" have long been decoupled from the "laboratory-confirmed deaths" (17).

However, if the deaths have decoupled from the "number of cases", the measures based on the "dangerousness" of SARS-CoV-2 are no longer acceptable (Art. 40 para. 3 EpG; Art. 30 and Art. 31 para 4 EpG).

2. No legal basis

As with the 3G certificate requirement, there is no legal basis in either the Covid-19 Act or the Epidemics Act. Several well-known legal experts such as Professors KLEY (18), NIGGLI (19) and SCHEFER (20), former federal judges such as Professor SPÜHLER (21) and other lawyers (22) stated the same thing when the 3G rule was introduced - a fortiori applies this now for the even more encroaching 2G rule (23).

As a last resort, the Federal Council would have recourse to the so-called general police clause (Art. 185 Para. 3 Federal Constitution). According to this, he could issue ordinances and decrees to counter serious disruptions to public order or internal or external security that have occurred or are imminent.

But this train has long since left: the – alleged – risk situation must not have been foreseeable or recognizable for a long time (24). The reasons given by the Federal Council for extending the obligation to obtain certificates (first of all the allegedly imminent hospital overload) have been obvious and well known since the beginning of the Corona crisis in March 2020.

Since then, there has also been a number of opportunities in the ordinary legislative procedure to introduce a 2G certificate obligation (or finally to remedy the problems in the hospital system).

The fact that this was waived in no way opens up the possibility for the Federal Council to circumvent the law by means of the general police clause (12). The extended certification obligation and the associated sanctions therefore already lack a legal basis.

3. No proven benefit of the measures

However, the measures decreed by the Federal Council must also be suitable and necessary to prevent the objective being pursued – preventing hospitals from being overburdened or generally containing the spread of infection. A measure is particularly disproportionate if the goal can be achieved with a less severe encroachment on fundamental rights (25).

The prescribed encroachments on the fundamental rights and freedoms of the unvaccinated are unsuitable from the outset, since the vaccinated transmit the virus just as easily as the unvaccinated (26) and in the event of a “vaccination breakthrough” they can become ill as severely as the unvaccinated.

International data even shows that vaccinated people have an increased risk of illness, hospitalization and death as a result of COVID: According to current figures from England, 6 out of 10 "COVID cases", 6 out of 10 "COVID hospitalizations" and 8 out of 10 " “COVID deaths” generated by fully “vaccinated” individuals (27).

Overall, SARS-CoV-2 does not pose a greater risk than that of seasonal flu: A study from October 2020 calculated a global lethality of just 0.15%-0.20%; for people under the age of 70 it is only 0.03–0.04% (28).

A more recent study assumes an overall mortality of 0.15% (29). In children and adolescents worldwide, the mortality rate from SARS-CoV-2 is assumed to be only 0.0027% (30), which means that the “risk” for them tends towards zero.

In Switzerland, in the age groups 0-9 and 10-19 in the period from February 24, 2020 to December 5, 2021, just three deaths (out of a total of over 11,000 deaths) in connection with a positive PCR test were registered; the last around 03/28/2021 (31).

Information as to whether a respiratory infection with SARS-CoV-2 was really the cause of the death of the young patients is not available. At the same time, according to the WHO, the mortality rate for seasonal flu (influenza, “flu”) is normally less than 0.1% (32).

In the USA, the CDC estimated the death rate during the (last moderate) influenza epidemic of 2017–2018 at 0.1355% (33). The population is therefore hardly more threatened by SARS-CoV-2 than by (moderately severe) seasonal flu. Accordingly, the measures are simply not necessary for the broad section of the population.

The actually vulnerable group of people who are affected by SARS-CoV-2 - primarily people over 70 years of age with relevant previous illnesses (34) - can be protected with milder measures ("focused protection") (35).

It is also incomprehensible why (drug) early treatment protocols for the treatment of SARS-CoV-2 are not finally being examined and propagated (36) - instead of simply putting sick people in isolation untreated, leaving them to themselves and thereby promoting possible severe courses.

4. Harmfulness of the measures

However, the measures taken by the Federal Council are not only completely inappropriate and unnecessary - they even run counter to the objectives pursued: Of the 11,172 people who died by December 1st, 2021 in connection with a "laboratory-confirmed SARS-CoV-2 infection". , 7,819 (70%) were over 80 years old and 2,249 (20.1%) were 70–79 years old.

45% died in a nursing home, 45% in a hospital, 2% elsewhere, and 8% of the deceased had no place of death specified (37). Unvaccinated people cannot be held responsible for the current "COVID deaths" in old people's and nursing homes, since from September 2021 a certificate requirement for visitors and nursing staff was gradually introduced throughout Switzerland.

Unvaccinated visitors and carers were therefore only able to have contact with residents of these institutions after presenting a negative test result, while "vaccinated" people were still allowed to have contact without presenting a negative test result - even though they transmit SARS-CoV-2 just like unvaccinated people ( 38).

Vaccinated visitors and nursing staff in old people's and nursing homes are currently at a significantly higher risk of transmission - they are probably solely responsible for infection (39).

As a result of the 3G regulation introduced for visitors and nursing staff in hospitals, the same also applies to potential infection in the hospital if a patient first became infected with SARS-CoV-2 there (40).

So instead of finally introducing targeted measures such as "Focused Protection" (41), the Federal Council is using the 2G regime to ensure that the only instrument that would at least begin to be suitable for protecting vulnerable people - namely regular testing - is being pushed back .

In doing so, the Federal Council does not solve a single problem – it actually exacerbates the existing problems.

5. Conclusion

The fact that healthy people without the possibility of testing are now excluded from large parts of public life cannot be justified in any way either epidemiologically or legally. The aim of the Federal Council as a whole seems to be to force the "reluctant" unvaccinated part of the Swiss population to vaccinate with ever more totalitarian-looking compulsions.

With a bundle of senseless and dangerous measures - in particular with the now decreed 2G certificate obligation - the Federal Council is violating the Swiss Federal Constitution on several occasions.

It violates fundamental rights and freedoms such as the right to physical integrity and freedom of movement (Art. 10 Para. 2 BV), the right of children and young people to special protection of their integrity (Art. 11 Para. 1 BV), freedom of association (Art 23 BV), the property guarantee (Art. 26 Para. 2 BV; material expropriation) and economic freedom (Art. 27 BV).

In addition, he violates the principle of equal rights (Art. 8 Para. 1 BV), the ban on discrimination (Art. 8 Para. 2 BV) and the ban on arbitrariness (Art. 9 BV).

We ask you, Madam President, by virtue of the constitutional powers that are assigned to the combined Federal Assembly by Art. 169 BV (overall supervision) and Art. 170 BV (review of effectiveness), to request the Federal Council to

– to determine how he will restore the basic constitutional order and

– to demonstrate to the Federal Assembly what overall epidemiological, economic, private-sector and social benefit its measures of September 8, 2021 (extension of 3G certificate obligation) and December 17, 2021 (2G certificate obligation) have brought to the Confederation and cantons so far.

We remain, with best regards.

signers

Sources:

1 Appendix "Deaths per age group 2021 compared to 2010 to 2020 (up to week 48) in Switzerland"

2 BAG, Covid-19 Switzerland, total hospital capacity, https://www.covid19.admin.ch/de/hosp-capacity/total

3 BAG, Covid-19 Switzerland, intensive care units (IS), https://www.covid19.admin.ch/de/hosp-capacity/icu

4 ELMIGER, Director (CEO) of Privatklinik Bethanien, in: Nau.ch, September 16, 2021, "'No crisis': Hospital CEO criticizes 'fear reporting'", https://www.nau.ch/news/ switzerland/no-crisis-spital-ceo-criticizes-fear-reporting-66003628

5 FRIEDLI, NZZ, 05.04.2015, "Swiss hospitals only 80 percent occupied", https://www.nzz.ch/nzzas/nzz-am-sonntag/eiskalte-betten-schweizer-spitaeler-nur-zu-80 -percent-utilized-1.18516688

6 ACKERMANN, Task Force Chief, "Capacities in hospitals will not be sufficient", SRF October 30, 2020, https://www.srf.ch/news/schweiz/bund-und-kantone-informieren-taskforce-chef-kapazitaeten- in-hospitals-won't-suffice; RHYN, NZZ, November 19, 2020, “Be afraid! Why the constant prophecies of doom regarding intensive care beds are counterproductive", https://www.nzz.ch/schweiz/intensivbetten-staendige-warnings-sind-kontraprodukt-ld.1587836; cf. also KNELLWOLF, Tagblatt, May 6, 2021, "Theory meets reality: Taskforce boss Martin Ackermann defends the horror scenarios", https://www.tagblatt.ch/schweiz/corona-taskforce-chef-martin-ackermann -defends-the-high-numbers-of-cases-in-the-scenarios-ld.2133686

7 NZZ, July 27th, 2021, “Hospitals are the bottleneck of the pandemic. Have you ever been overloaded? And why did they cut places?” (“Despite the bottlenecks, no hospital has introduced explicit patient triage”), https://www.nzz.ch/schweiz/spitaeler-in-der-corona Crisis-were-sie-je -overloaded-ld.1636298; cf. also SRF, November 6th, 2020, "Triage decision should apply to the whole of Switzerland" ("there are still enough places available"; "According to Pargger, almost half of the approximately 900 certified intensive care places are currently occupied by corona patients, but they are effective around 1200 places ready for use."), https://www.srf.ch/news/schweiz/coronavirus-in-der-schweiz-triage-entscheid-soll-fuer-die-ganze-schweiz-gelten

8 BAG, Covid-19 Switzerland, deaths by vaccination status, https://www.covid19.admin.ch/de/vaccination/status. Period 15/11/2021 to 15/12/2021 in absolute numbers: 227 "not vaccinated", 214 "fully vaccinated", 5 "partially vaccinated" and 95 "unknown" (as of 19/12/2021)

9 Swiss National Covid-19 Science Task Force, "Scientific Update 24 August 2021", https://sciencetaskforce.ch/scientific-update-24-august-2021

10 H+, The hospitals in Switzerland, "Hospitals, beds and population - number of hospitals and beds in relation to the population, from 1947", https://www.hplus.ch/de/zahlen-statisticen/h-spital-und- clinic-monitor/industry as a whole/structures/hospitals/hospitals-beds-and-population

11 BAG, "Situation report on the epidemiological situation in Switzerland and the Principality of Liechtenstein - week 49 (06.12. - 12.12.2021), p. 14, p. 23", https://www.bag.admin.ch/ dam/bag/de/dokumente/mt/k-und-i/aktuelle-ausbrueche-pandemien/2019-nCoV/covid-19-wochentliche-lagebericht.pdf.download.pdf/BAG_COVID-19_Weechentliche_Lage.pdf; https://www.covid19.admin.ch/de/hosp-capacity/icu

12 MEISTER, 20minutes, December 13th, 2021, "Federal Council does not want to help hospitals - 'because of missing data'", https://www.20min.ch/story/bundesrat-will-spitaelern-nicht-helfen-wegen-missing-data -473960531628

13 WHO, December 14, 2020, “Information Notice for IVD Users – Nucleic acid testing (NAT) technologies that use real-time polymerase chain reaction (RT-PCR) for detection of SARS-CoV-2”, cf. “WHO Information Notice for Users 2020/05 Nucleic acid testing (NAT) technologies that use polymerase chain reaction (PCR) for detection of SARS-CoV-2”, https://www.who.int/news/item/20-01-2021 -who-information-notice-for-ivd-users-2020-05

14 Judgment 2C_228/2021 of the Federal Court of November 23, 2021, E. 5.2

15 BORGER / MALHOTRA / YEADON et al., “Review report Corman-Drosten et al. Eurosurveillance 2020 – External peer review of the RTPCR test to detect SARS-CoV-2 reveals 10 major scientific flaws at the molecular and methodological level: consequences for false positive results”, 27.11.2020, https://cormandrostenreview.com/report/ ; BULLARD / DUST / FUNK et al., "Predicting infectious SARS-CoV-2 from diagnostic samples", May 22, 2020, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7314198/; BYINGTON, "A positive PCR test may not mean positively sick", https://healthcare.utah.edu/the-scope/shows.php?shows=0_8pwxdv0o; JAAFAR / AHERFI et al., "Predicting infectious SARS-CoV-2 from diagnostic samples (Correlation between 3790 qPCR positive samples and positive cell cultures including 1941 SARS-CoV-2 isolates)", September 28, 2020, https://www. ncbi.nlm.nih.gov/pmc/articles/PMC7543373/; MIN-CHUL / CHUNGUANG / KYEONG-RYEOL / JOON-YONG et al., "Duration of Culturable SARS-CoV-2 in Hospitalized Patients with Covid-19", 02/18/2021, https://pubmed.ncbi.nlm.nih .gov/33503337/; VERNAZZA, "Infectiousness and PCR positivity - not the same", January 28, 2021, https://infekt.ch/2021/01/infektiositaet-und-pcr-positivitaet-nicht-das-same/; FISCHER / SCHWAGER, "PCR mass tests: positive results are not very meaningful", KTipper 05/2021, March 10th, 2021, https://www.ktipp.ch/artikel/artikeldetail/pcr-massivetests-positive-befunde-sind-wenig -meaningful/

16 CAO/GAN et al., “Post-lockdown SARS-CoV-2 nucleic acid screening in nearly ten million residents of Wuhan, China”, https://www.nature.com/articles/s41467-020-19802-w ; see Ärzteblatt, December 1, 2020, "New Wuhan study: Asymptomatic patients do not transmit corona", https://www.aerzteblatt.de/studieren/forum/138997; see also WHO, "Transmission of SARS-CoV-2: implications for infection prevention precautions", 09.07.2020, https://www.who.int/news-room/commentaries/detail/transmission-of-sars-cov -2-implications-for-infection-prevention-precautions: "Four individual studies from Brunei, Guangzhou China, Taiwan China and the Republic of Korea found that between 0% and 2.2% of people with asymptomatic infection infected anyone else, compared to 0.8 %–15.4% of people with symptoms.(10, 72, 86, 87)”

17 BAG, "Situation report on the epidemiological situation in Switzerland and the Principality of Liechtenstein - week 49 (06.12. - 12.12.2021), p. 2. 18 KLEY, NZZ (guest commentary), 20.10.2021, "The Federal Council can, can, kann... The amendment of the Covid-19 law is still an unconstitutional project", https://www.nzz.ch/meinung/aenderung-des-covid-19-gesetzes-ein-weiterhin-verfassungswideres-projekt-ld.1650569

19 NIGGLI, "Corona Measures and Constitution", in: Anwaltsrevue|Revue de l'avocat 10/2021 | pp. 426-430

20 DAVID, plädoyer 5/2021, "No legal basis - Covid certificate; A legal analysis by anonymous authors criticizes the Federal Council's new ordinance on certificates. Constitutional and administrative lawyers come to the conclusion: The criticism is justified”, https://www.plaedoyer.ch/artikel/artikeldetail/gesetzliche-basis-fehlt/, Prof. SCHEFER: “Art. 6 of the Epidemics Act [does not have] the required norm density [...]'. This means that it is not sufficient as a basis for such a certificate requirement.”

21 SPÜHLER, Schweizerzeit, October 22, 2021, “Covid Law: Unconstitutional”, https://schweizerzeit.ch

22 GERBER, NZZ (guest commentary), September 30, 2021, "Problematic indirect compulsory vaccination due to the Covid certificate", https://www.nzz.ch/meinung/impfdruck-durch-das-covid-zertifikat-ld.1647485; cf. also GERBER, in: Jusletter Coronavirus-Blog, "Extension of the Covid-19 certificate obligation - vaccination recommendation, vaccination obligation or already compulsory vaccination?", https://author.weblaw.ch/magnoliaAuthor/jusletter/blog/gerber15092021.html; WE FOR YOU, September 24th, 2021, "Covid certificate requirement in Switzerland - a legal analysis", https://wirfuereuch.ch/information/legal-analysis/

23 Cf. already the EJPD, "Legal framework for differentiations based on the vaccination status - Opinion of the Federal Office of Justice of 18 February 2021", https://www.bj.admin.ch/bj/de/home/publiservice/publikationen/ reports-gutachten/2021-02-18.html, which stated that for a differentiation according to vaccination status in the case of serious infringements of fundamental rights, among other things, a "formal legal basis" and an "objective reason for differentiation", namely "if the vaccinated person is at very low risk, that they can become infected and transmit Covid-19” (p. 4 ff. and p. 20)

24 Gsell v. Switzerland, EGMR-U of October 8, 2009, no. 12 675/05, §§ 54 ff.; in addition HÄFELIN/HALLER/KELLER/THURNHERR, Swiss federal law, 10th edition, Zurich 2020, § 7 N 312a

25 BGE 137 IV 249 at 4.5 p. 256; BGE 136 I 87 at 3.2 p. 92; BGE 136 I 29 E. 4.2 p. 36

26 ACHARYA et al., No Significant Difference in Viral Load Between Vaccinated and Unvaccinated, Asymptomatic and Symptomatic Groups Infected with SARS-CoV-2 Delta Variant, https://www.medrxiv.org/content/10.1101/2021.09.28.21264262 v1.full

27 The Exposé, "Fully Vaccinated accounted for 4 in every 5 Covid-19 Deaths in England during November despite Booster Jab Campaign", https://dailyexpose.uk/2021/12/04/4-in-5-covid-deaths -fully-vaccinated-November/

28 IOANNIDIS, "Global perspective of COVID-19 epidemiology for a full-cycle pandemic", 4-6. October 2020, https://onlinelibrary.wiley.com/doi/epdf/10.1111/eci.13423

29 IOANNIDIS, “Reconciling estimates of global spread and infection fatality rates of COVID-19: An overview of systematic evaluations”, March 26, 2021, https://onlinelibrary.wiley.com/doi/10.1111/eci.13554

30 AXFORS/IOANNIDIS, "Infection fatality rate of COVID-19 in community-dwelling populations with emphasis on the elderly: An overview", preprint of 13.07.2021, https://www.medrxiv.org/content/10.1101/2021.07. 08.21260210v1.full.pdf

31 BAG, Covid-19 Switzerland, laboratory-confirmed deaths, https://www.covid19.admin.ch/de/epidemiologic/death

32 WHO, Coronavirus disease (COVID-19): Similarities and differences with influenza, 17.03.2020, https://www.who.int/emergencies/diseases/novel-coronavirus-2019/question-and-answers-hub/qa -detail/coronavirus-disease-covid-19-similarities-and-differences-with-influenza

33 CDC, "Past Seasons Estimated Influenza Disease Burden" (estimated 61,000 deaths out of an estimated 45 million infected people), https://www.cdc.gov/flu/about/burden/past-seasons.html

34 Mortality rate of people over 70 years of age is 2.4%–5.5% according to AXFORS/IOANNIDIS, “Infection fatality rate of COVID-19 in community-dwelling populations with emphasis on the elderly: An overview”, preprint of July 13, 2021, https:/ /www.medrxiv.org/content/10.1101/2021.07.08.21260210v1.full.pdf

35 See BHATTACHARYA / KULLDORFF (Great Barrington Declaration), "Focused Protection: The Middle Ground between Lockdowns and 'Let it Rip'", November 25, 2020, https://gbdeclaration.org/focused-protection/. Reproduced in German by WIR FÜR EUCH, September 24th, 2021, "Covid certificate requirement in Switzerland - a legal analysis", https://wirfuereuch.ch/information/legal-analysis, N 77 ff

36 See, for example, Front Line COVID-19 Critical Care Alliance, January 16, 2021, “Review of the Emerging Evidence Demonstrating the Efficacy of Ivermectin in the Prophylaxis and Treatment of COVID-19”, https://covid19criticalcare.com/wp-content /uploads/2020/11/FLCCC-Ivermectin-in-the-prophylaxis-and-treatment-of-COVID-19.pdf; Front Line COVID-19 Critical Care Alliance, Prevention and Treatment Protocols for COVID-19, located at https://covid19criticalcare.com/covid-19-protocols/; WHO, 03/31/2021, "WHO advises that ivermectin only be used to treat COVID-19 within clinical trials", https://www.who.int/news-room/feature-stories/detail/who-advises-that- ivermectin-only-be-used-to-treat-covid-19-within-clinical-trials

37 See, for example, BAG, "Situation report on the epidemiological situation in Switzerland and the Principality of Liechtenstein - week 49 (06.12. - 12.12.2021), p. 15, p. 23, https://www.bag.admin.ch/dam /bag/de/dokumente/mt/k-und-i/aktuelle-ausbrueche-pandemien/2019-nCoV/covid-19-wochentliche-lagebericht.pdf.download.pdf/BAG_COVID-19_Weechentliche_Lage.pdf

38 Front N 14

39 Canton of Zurich, "Information for retirement and nursing homes", https://www.zh.ch/de/gesundheit/coronavirus/information-fuer-alters-und-pflegeheime.html

40 Toponline, 07.09.2021, "Kantonsspital Winterthur introduces compulsory certification from Friday", https://www.toponline.ch/news/winterthur/detail/news/fuer-besucher-am-kantonsspital-winterthur-gilt-certificate-compulsory-1 -00165100/; PilatusTODAY, August 27th, 2021, "Luzerner Kantonsspital introduces compulsory certification for employees", https://www.pilatustoday.ch/zentralschweiz/luzern/luzerner-kantonsspital-fuehrt-rust-certificate-compulsory-for-employees-in-143534168; Canton of Zurich, "Information for actors in the healthcare system", https://www.zh.ch/de/gesundheit/coronavirus/information-fuer-actors-im-gesundheitswesen.html

41 See above, N 16, FN 35